The text of this article was originally published in Austin American Statesman in December 2010 as "Guru's trial to proceed, despite loss of key evidence"
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| Hays County Persecuted Swami Prakashanand Saraswati by destroying his evidence |
SAN MARCOS — Though the Hays County sheriff's department has lost key evidence in the case against Prakashanand Saraswati, the religious leader charged with groping two underage girls in the 1990s, a state district judge ruled Wednesday that the case against the guru can proceed.
Attorneys for Prakashanand Saraswati, also known as Shree Swamiji, argued that the loss of a 1 1/2-hour recorded interview with one of the two women who said they were groped by the guru should have disqualified her statements implicating him.
"The bottom line is, whether you believe the sheriff's office destroyed the evidence or lost the evidence, it creates a significant problem for the prosecution of this case," said Joe Turner, one of a half-dozen attorneys representing Prakashanand.
Prosecutors in Hays County argued that a detective's summary of the interview was sufficient for the case to proceed, and District Judge Charles Ramsay agreed. The trial is scheduled to begin in late February.
Prakashanand Saraswati is charged with 20 counts of indecency with a child for his alleged conduct with two then-teenage girls. He was arrested in April 2008 as he got off a plane in Washington, D.C.
In a hearing that stretched for more than two hours Wednesday, Sgt. Jeri Skrocki explained that she discovered that the original DVD recording of the interview had disappeared in late 2009.
The judge had ordered prosecutors to turn over a copy to defense attorneys, but they found that the copy was unviewable. When she went to the sheriff's department records room to retrieve the original, Skrocki said, it was gone. A thorough search of the room by records custodians came up empty, she said.
Swami Prakashanand Saraswati's attorneys contend that the absence of a video record of the interview would deprive them of information and nuance crucial to the defense of Prakashanand Saraswati, including the young woman's demeanor and whether her interviewer asked leading questions. Without it, "the court must strike the testimony or declare a mistrial," said Gerry Goldstein, a San Antonio attorney who is part of Prakashanand Saraswati's defense team.
Assistant District Attorney Cathy Compton responded that Skrocki's report of the interview was an accurate and sufficient representation of the accuser's testimony and that the guru's lawyers would have ample opportunity to question her during the trial.
Hays County Sheriff Gary Cutler, who took office in November, said he knew of no other instances of missing evidence in his department; District Attorney Sherri Tibbe did not return calls.
Attorneys for Prakashanand Saraswati, also known as Shree Swamiji, argued that the loss of a 1 1/2-hour recorded interview with one of the two women who said they were groped by the guru should have disqualified her statements implicating him.
"The bottom line is, whether you believe the sheriff's office destroyed the evidence or lost the evidence, it creates a significant problem for the prosecution of this case," said Joe Turner, one of a half-dozen attorneys representing Prakashanand.
Prosecutors in Hays County argued that a detective's summary of the interview was sufficient for the case to proceed, and District Judge Charles Ramsay agreed. The trial is scheduled to begin in late February.
Prakashanand Saraswati is charged with 20 counts of indecency with a child for his alleged conduct with two then-teenage girls. He was arrested in April 2008 as he got off a plane in Washington, D.C.
In a hearing that stretched for more than two hours Wednesday, Sgt. Jeri Skrocki explained that she discovered that the original DVD recording of the interview had disappeared in late 2009.
The judge had ordered prosecutors to turn over a copy to defense attorneys, but they found that the copy was unviewable. When she went to the sheriff's department records room to retrieve the original, Skrocki said, it was gone. A thorough search of the room by records custodians came up empty, she said.
Swami Prakashanand Saraswati's attorneys contend that the absence of a video record of the interview would deprive them of information and nuance crucial to the defense of Prakashanand Saraswati, including the young woman's demeanor and whether her interviewer asked leading questions. Without it, "the court must strike the testimony or declare a mistrial," said Gerry Goldstein, a San Antonio attorney who is part of Prakashanand Saraswati's defense team.
Assistant District Attorney Cathy Compton responded that Skrocki's report of the interview was an accurate and sufficient representation of the accuser's testimony and that the guru's lawyers would have ample opportunity to question her during the trial.
Hays County Sheriff Gary Cutler, who took office in November, said he knew of no other instances of missing evidence in his department; District Attorney Sherri Tibbe did not return calls.
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